Litigation, Arbitration and Dispute Resolution

We enjoy a high success rate at securing the best possible outcome for our clients providing technical support and solutions that are designed to efficiently and cost-effectively resolve the issue at hand. We are able to deal with complex, high profile, or sensitive matters that require immediate action.

We have recently added Jerome Lynch QC to our team of litigators who has enormous experience as an advocate in many areras of law both in the United Kingdom and in the Caribbean.

Although we have the reputation of being tough litigators, our view is that litigation should not automatically be the sole or even the first recourse when looking to resolve disputes. We actively promote arbitration and mediation and other dispute resolution techniques and work closely with clients to minimise the risk of disputes.

Practitioners have the right of audience in Bermuda, BVI, Australia, UK and on application throughout all other common law jurisdictions.

  • Recent work
    We are engaged in acting for the minority shareholders in the Viking River Cruises Ltd case where the majority shareholders buyout is at a substantial undervalue - pursuant to the Companies Act 1981.

  • We acted for the Trustee [confidential] in proceedings involving several international litigants spanning the United States, Switzerland, the United Kingdom and Bermuda in relation to a successful application to the Supreme Court to secure approval for billion dollar transaction for the benefit of minor and unborn beneficiaries.

  • We acted for Fletcher International Limited, subject to Chapter 11 proceedings in the United States Bankruptcy Court for the Southern District of New York, against proceedings commenced by a purported shareholder in Bermuda in violation of the automatic stay under the chapter 11 proceedings.
  • Commercial
    Our lawyers have been involved in some of the leading authorities in Bermuda in commercial litigation covering issues such as the power of the courts to order a meeting/AGM, the fiduciary duties of directors, cross-border insolvency, foreign bankruptcy proceedings and enforceability of UK judgments in jurisdictions around the world.

  • Trusts
    In disputes arising from Trusts, again we have been at the leading edge of formulating law affecting all aspects of their operation including the limit of Trustees’ Powers, exposing sham Trusts, dealing with letters of request from the UK courts, disclosure and apportioning costs.

  • Crime
    In crime we have successfully represented those charged with insider trading, corporate fraud, allegations of corruption in public office, health and safety breaches, corporate manslaughter, murder, terrorism, and other substantial criminal activity.

  • Constitutional law
    Here again we have been instrumental in setting the limits, including the applicability of the UK Human Rights Act 1998 to the law in Bermuda, lawfulness and limits of the Governors powers to terminate employment, Trade Union’s rights to freedom of assembly and collective bargaining agreements incorporation into employee contracts.

  • Judicial Review
    An ever increasing important area of law, some of our lawyers were at the embryo of the development of this law in the UK. We have taken the Minister of Home Affairs to court on compulsory retirement, the Governor on military conscription and discrimination and the Public Service Commission on the obligation to hire Bermudians and the availability of damages.